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HUD/OH RIN: 2502-AJ23 Publication ID: Spring 2015 
Title: Federal Housing Administration (FHA): Single Family Mortgage Insurance Maximum for Filing Insurance Claims & Disallowance of Operating Expenses Incurred Beyond Established Timeframes (FR-5742) 
Abstract:

This proposed rule would establish the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits. HUD's current regulations are silent with respect to a deadline by which a claim for insurance benefits must be filed with FHA. Due to the downturn in the housing market, which resulted in a significant increase in mortgage defaults, some mortgagees have refrained from promptly filing claims for insurance benefits and instead have opted to wait and file multiple claims with FHA at a single point in time. The uncertainty regarding a deadline by which a claim must be filed, and the number of claims currently being filed at a single point in time strain FHA resources and negatively impact FHA's ability to project the future state of the Mutual Mortgage Insurance Fund (MMIF), and, consequently, the ability of FHA to fulfill its statutory obligation to safeguard the MMIF. To address this concern, HUD proposes to establish a deadline by which a mortgagee must file a claim for insurance benefits. This rule also proposes to disallow expenses incurred by a mortgagee prior to the filing of a claim for insurance benefits where such expenses result from a mortgagee's failure to timely initiate foreclosure or timely take such other action that is a prerequisite to submission of a claim for insurance.  Finally, this rule proposes to revise HUD policy concerning curtailment of interest to ease the burden on mortgagees. Currently, if a mortgagee fails to meet applicable requirements, even by one day, the mortgagee is required to curtail interest for the duration of the life of the mortgage and FHA insurance contract. This rule now proposes to require the mortgagees to curtail interest only for the length of the mortgagee’s delay, and not for the entire duration of the life of the mortgage and FHA insurance contract.

 
Agency: Department of Housing and Urban Development(HUD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 203   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/00/2015 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ivery Himes
Director, Office of Single Family Asset Management, Office of Housing
Department of Housing and Urban Development
Office of Housing
451 Seventh Street SW,
Washington, DC 20410
Phone:202 708-1672